Water Bill

Roger Williams Excerpts

Monday 25th November 2013 Commons Chamber

[Joan Walley]

I am grateful to the hon. Gentleman for his intervention, and that is exactly the point I am making: our water policy needs to take into account the whole issue of mitigation to prevent such situations, but it also needs to be adaptable. The adaptation that we need requires huge amounts of investment and a whole new, collaborative approach to planning. The Bill has been brought forward by DEFRA, but as the Energy and Climate Change Committee has pointed out, it is the problems associated with climate change that are bringing about flooding, and we have to find new ways of dealing with them urgently. It has taken much too long to deal with outstanding flooding insurance claims. Importantly, it is a question not just of how we deal with individual claims and of having an insurance system in place, but of how we deal with all the associated disruption.

As we approach the European elections—I am sure that many of us here will be thinking about what Europe has done for us—how do we ensure that water supply and management fits within the context of the European water framework directive? We have a fundamental disconnect at the heart of water policy which the Bill could actually put right. As my hon. Friend the Member for Garston and Halewood said, the Bill is a wasted opportunity. The water companies, regulated by Ofwat, supply water, but at a local level there is little meaningful collaboration, accountability, transparency or resource, as has been mentioned, to ensure that we have in place what is needed to meet the requirements of the water framework directive.

The directive has two key objectives: an environmental objective, based on the premise of preventing further deterioration and achieving “good status” in all waters; and a managerial objective aimed at creating integrated water management at the river basin level to ensure overall co-ordination of water policy. Here, I want to make a plea to the Government and to DEFRA on behalf of the Environment Agency. The agency needs to be fully resourced for its task of leading the framework directive, in order to enable it to identify significant water management issues, to develop measures to address these at the river basin district level, and to develop and publish the plans for implementing these measures, known as the river basin management plans.

Given the length of time it takes to get legislation on to the statute book, equipping the Environment Agency to work within the framework to carry out its responsibilities needs to be looked at in parallel with the Water Bill before us. Let me give an example of the current unsatisfactory position. When the Government set up the Canal & River Trust in 2012, they committed to a new structure for the canal network which included the navigational waters—some 2,000 miles of canals and river navigations in England and Wales. These rivers were to be handed over to the trust to ensure certainty and long-term funding through the trust arrangements. However, we now know that the Chancellor has reneged on this commitment, and the plans have been put on hold. I am grateful to the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for North Cornwall (Dan Rogerson), for agreeing to meet me to discuss this issue, as I believe it is vital that this transfer take place and be fully funded.

There is a further concern, which was touched on in an intervention from my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller). Through clause 12, Ofwat is to be given the power to intervene in private supplier agreements with water undertakers, with the apparent intent of assisting smaller private water suppliers in their commercial relations with undertakers. Not surprisingly, the Canal & River Trust is alarmed that Ofwat will therefore be able to vary or terminate water sales agreements at the request of the undertaker and without the agreement of the trust. I heard the Secretary of State’s rather complacent reply to my hon. Friend’s intervention, and I hope that, when the Under-Secretary replies, he will tell us what specific, constructive discussions he will have with the trust on this issue, so that we can make amendments to the Bill that will safeguard delivery of the trust’s charitable objectives when the Bill’s legislative passage is completed.

There is uncertainty about other aspects of the Bill, as well. The Bill is all about the economics of, and very little about the environmental and social aspects of, water policy. It mirrors the assumptions that lay behind the changes to the water industry proposed back in 1987, rather than looking at the assumptions we need to make today for the future. Here, I would like to give credit to the former Environment Minister, the hon. Member for Newbury (Richard Benyon), who only last week in the press disclosed how close we were to drought just before the 2012 Olympics. There are also many other factors that point to the need for long-term planning.

We need to take account of the work of the Natural Capital Committee, which is looking to embed the value of natural capital in the national accounts and policy making as soon as possible. We must also recognise the need to look for a credible long-term plan to restore our natural capital, and recognise the work of the Committee on Climate Change. Reference was made earlier to the adaptation sub-committee report, which highlights the need to incentivise efficient water management and to have a price for water that better reflects its scarcity. Of course, there are also the risks associated with water flooding. All these factors point to the need for a much wider, all-encompassing approach to water than the one the Bill provides for.

We should also address the issue of Ofwat having a primary sustainability duty. Its role of granting new water supply licences and overseeing bulky supply agreements should include consideration of the sustainability of water sources. There is common agreement that, without such a duty, we will see over-abstraction, over-licensing and greater environmental damage to our already overstressed river systems. We have heard the Secretary of State’s response to concerns about fracking. He has stated that all the protection and regulation that we need is already in place. However, the proposal for financial guarantees in relation to pollution that my hon. Friend the Member for Garston and Halewood outlined will be vital, and I hope that they will be incorporated in the Bill as it completes its passage through both Houses. I know from the initial meeting that the Minister kindly organised recently that there is widespread concern among many organisations, including the WWF, the Royal Society for the Protection of Birds and the Angling Trust, about the need for a primary sustainability duty, not only on resilience, to be incorporated in the Bill. Will the Government table an amendment on sustainable development? Will the Minister tell us how he intends to deal with this issue?

I want briefly to broaden the debate. Following the discussions that I have had with many different experts in the industry, I do not believe that we should be carrying on with business as usual. Instead, we should be gearing up to a different set of policies designed for the 21st century. The confluence of the various factors I have mentioned means that we should be taking a more fundamental step change in how we invest in improving the environment and safeguarding our water supplies.

I would like to see far more local governance arrangements that would fit with the river basin concept, involving not just water companies but local councils, farmers and other organisations working together on a risk-based approach. I should mention that some water companies are starting to think outside the box. I refer the House to a recent document published by Severn Trent Water, “Changing Course through the sustainable implementation of the Water Framework Directive”. We need much more collaboration of that kind, but the Bill does not really give it to us.

I want to mention the work that I have been doing in my constituency to bring all the different partners together. This has culminated in an application for European funding under the Life Plus programme, which would enable us to implement measures that would prevent pollution in the River Trent. We need to see much more of that kind of approach. Water efficiency should also be promoted.

The Bill will promote greater competition, but what will it do to challenge traditional kinds of capital investment? We should be looking into different kinds of investment. Expensive engineering solutions are not always the way forward, even though the water companies depend on capital value for the returns that they make. If the Government can be persuaded to introduce an obligation for sustainability into Ofwat’s powers, Ofwat could look at a return on revenue expenditure, too. We need to look at the kind of investments involved. The Bill could enable Ofwat to take a much more proactive role in vetting companies’ proposals for investment.

I would also like to see the dividends paid out to water company shareholders managed differently. Yes, money is needed for investment in water management, but it would be so much better if the profits could stay in the business and be reinvested, rather than global private equity companies that do not necessarily have a long-term commitment to our river basins paying out massive returns—well above what we can earn in interest from our bank account—to shareholders.

[Roger Williams (Brecon and Radnorshire) (LD)]

The hon. Lady is describing the model used by Welsh Water, a not-for-profit company that is responsible to its customers, rather than to shareholders.

[Joan Walley]

Indeed. One difficulty is that we are looking at the provision of water for the whole of the United Kingdom, despite the different administrative arrangements that have been put in place by the Parliaments in the different Administrations. The way in which the money is reinvested in Wales is hugely beneficial. As I have said, we should be thinking outside the box in regard to how we incentivise the necessary investment in our water industry.

--- Later in debate ---

[Hywel Williams]

Indeed. I was aware of that. He is a friend of mine and I think highly of him.

My party’s stance has always been that it is up to the people of Wales to decide on the sustainable use of its natural resources. As scarcity bites, the economic case for Wales exporting water is growing. If so, Wales should be compensated fairly and the benefits should go to the people of Wales.

There is a point which has not yet been made— the territorial significance for Wales of the current water companies. Labour in government, through the Government of Wales Act 2006, failed to act on that. Much of mid-Wales is served by Severn Trent Water. Part of north-east Wales is served by Dee Valley Water. As a consequence, perhaps, part of Herefordshire is served by Dwr Cymru Welsh Water. One of the aims of my party is to regularise that situation. The lines should be redrawn. That is something that I will talk about in Committee if I am fortunate enough to be appointed to it.

As for the current arrangements in Wales, to paraphrase L P Hartley, Wales is another country: they do things differently there. That is a slightly over-used phrase, but in Wales we have a different situation. We have a water company, Dwr Cymru Welsh Water, which is a third sector company, as I mentioned earlier, with a non-distributable profits model. The previous company, Hyder —or Hi-dere, as the BBC used to insist on calling it —was run on conventional commercial lines. Glas Cymru reinvests its profits in a better system and in lower prices. As I said, its current price rises are below inflation.

[Roger Williams]

The hon. Gentleman will know that price rises since Glas Cymru was formed in 2001 and up to the present day are below the rate of inflation. It is the long-term situation.

[Hywel Williams]

The hon. Gentleman makes a good point. Provision of water in Wales is a difficult matter. The geography is against us, but Glas Cymru has done a fine job.

There have been concerns about large profits in the industry, overcharging and a lack of investment, alongside high gearing and a low tax take. I read a report to that effect in the Financial Times on 27 October. Hence the need for greater competition. A water industry insider put it to me thus: some water companies are over-geared, they are over-reliant on cheap finance, which is not going to be there for ever, and they are run as cash cows. This is not a sustainable model. Dwr Cymru has the lowest gearing in the industry and, as I said, all its profits are ploughed back. Unsurprisingly, this third sector company has reported customer satisfaction levels of well over 90%.

Another way in which things are different in Wales is the Welsh Government’s stance on competition, which essentially is against it. Under the Bill, businesses and non-householder customers will be able to switch their water and sewerage suppliers, but the Bill’s provisions on competition are confined to England. I refer the House to the report by the Welsh Assembly Environment and Sustainability Committee chaired by Lord Dafydd Elis-Thomas. When questioned, 113 large-scale users—using over 50 megalitres per annum—said that a price differential of 10% to 15% would be required to tempt them to switch. By the way, that was also the stance of small and medium-sized enterprises.

A price differential of 10% to 15% is substantial, and it is significant that none of the large users that have the ability to switch in Wales have done so. Customer service is important and that is a central element of the water service that we have in Wales. Either Dwr Cymru is doing a cracking job, or switching is unlikely to hold much appeal other than, perhaps in theory, to Ministers.

Competition could be extended to Wales if the Welsh Government so wished. Dee Valley Water’s evidence to the Welsh Assembly Committee noted that competition in the non-domestic sector might be cross-subsidised by the domestic sector—that is, the public would be paying. That point was made earlier, and the answer, I think, is transparency. I understand that the Government in Cardiff do not wish competition to be extended to Wales. Can the Minister, when he winds up the debate or later in writing, clarify whether under the 2006 Act the Government in London have a veto on Welsh decisions on water? Will that continue to be the case, or is the Cardiff Government’s right to choose not to introduce competition an absolute right? I would be grateful to hear from him on that matter.

Other Members have posed the question of how we can incentivise companies to alter the way they manage their systems and water and sewerage networks to improve efficiency and to encourage the development and deployment of innovative technologies that can cut costs and lower the sector’s electricity usage and its carbon footprint. The point has not yet been made that water companies are heavy users of electricity. I am not sure whether competition and the price instrument will achieve all these aims. I hope we will able to discuss this further in Committee.

Lastly, on affordability, the question is how the bottom 1% of the population pays for its utilities. Overall, the Bill is a missed opportunity. It has no specifics on sustainability or the decarbonisation of the water sector. The point about fracking has already been made. There is no legal obligation on people to pay their bills. In other countries, there is a voucher system for vulnerable groups. The Bill is also lacking in specifics on water management. The current UK system is luxurious in that there is no separation of clean and grey water, which could be achieved in the future. That is a formidable list and I hope we will have the opportunity to address these matters in Committee.

--- Later in debate ---

[Roger Williams (Brecon and Radnorshire) (LD)]

It is a great pleasure to follow my hon. Friend the Member for Cardiff North (Jonathan Evans). In a different incarnation, he was my Member of Parliament, and indeed my tenant, so our relationship goes back a long way. His expertise in insurance, which he brings to this debate, is well known. We have heard many other contributions tonight, including from the hon. Member for Newbury (Richard Benyon), who has great experience and knowledge of these matters. Had he been introducing the Bill, he would have had three years to prepare, whereas my hon. Friend the Minister, whom I am pleased to see here, has had about three weeks. Nevertheless, he was a member of the Environment, Food and Rural Affairs Committee that scrutinised the draft Bill and will be aware of the detail and some of our concerns about things that are not in the Bill.

I broadly welcome the Bill. One of the vital challenges facing the UK is the need to protect the health of our rivers and lakes, while keeping water available and affordable. Water resources are currently under considerable pressure, and it is predicted that water constraints will become more severe in the future. There is limited competition in the current system, so I welcome the competition clauses, which will open the sector up to more competition and encourage the construction of more connections between water company areas. The introduction of retail competition among water companies could support greater water efficiency in the non-domestic sector.

Although I welcome the idea that businesses and local authorities can switch water suppliers, I recognise that individual consumers will not have that opportunity. The regulator must ensure that bills remain affordable, while expecting water companies to have the ability to invest in the infrastructure. We need consumer bills to be affordable now, but we must also recognise that water supplies are needed for the future, so I hope that we can amend the Bill in Committee to make it better for consumers and for the environment. There has been concern that, as companies compete for customers in the commercial sector, domestic customers may carry more of the costs of supply. We will need to hear from the Minister in Committee how that will be prevented.

The system for abstraction licences is not fit for purpose and is long overdue for reform. The Government have said that the work will have to wait until the mid-2020s, but it is important to address it much earlier than that. We need a system of licensing abstraction that balances resilience with the state of the environment.

One of Ofwat’s secondary duties is to promote sustainable development. Liberal Democrats would like to see that duty elevated to a primary level. For that reason, I intend to table an amendment in Committee to give Ofwat a primary duty to promote sustainability. I agreed with the comments of my noble Friend Baroness Parminter, in a debate on the Gracious Address in the other place, that a thorough examination is needed of the effect of the water industry on the environment now and in the longer term.

Ofwat seems to have a rather confused approach to sustainability. Let me quote from the supplementary written evidence submitted by Ofwat to the EFRA Committee in respect of the draft Water Bill:

“I provide further written evidence on specifically why we consider that our duty to contribute to sustainable development should not be elevated to a primary duty”,

yet it also said:

“Indeed, the core vision of our strategy is: ‘A sustainable water cycle in which we are able to meet the needs of water and sewerage services while enabling future generations to meet their own needs”,

It calls this “sustainable water”—it seems to me that its thinking is rather confused. My understanding of sustainability is that it is about balance, not conflict, and Ofwat should be well aware that its decision making can affect the environment as well as economic and social matters. I believe that Ofwat has accepted the need for sustainability as a primary duty and that the Government should legislate to establish it.

[Huw Irranca-Davies (Ogmore) (Lab)]

The hon. Gentleman, who represents a constituency not far away from mine, makes some very good points. Does he agree that in his opening remarks the Secretary of State seemed to be arguing for that duty of sustainability and, indeed, that his rhetoric fitted exactly what the hon. Gentleman suggests should be on the face of the Bill?

[Roger Williams]

I thank the hon. Gentleman for those comments. There is widespread acceptance that sustainability should be a core feature of Ofwat’s work, yet it seems that some people are setting their face against having that on the face of the Bill.

The UK has been faced with an increase in the number and severity of flood events, and it is vital for the Government to provide widespread and affordable household insurance in at-risk areas. I thus welcome the proposed new legal framework that seeks to establish Flood Re—a levy-funded reinsurance pool for high-risk individuals. If that is introduced, insurance companies must make their customers aware of the scheme and the opportunities it provides. A number of my constituents in Llangammarch Wells were really frightened by some press releases put out by the Environment Agency in Wales—now called Natural Resources Wales—about restricted insurance. After further consultation with Natural Resources Wales, we have been able to sort that matter out.

Water bills set a particular challenge for low-income families. There are no specific benefits such as housing benefit or council tax benefit to help with these costs, but the Government have stated that they will continue to support the WaterSure initiative, even though take-up has been rather poor. Other water companies can bring forward their own schemes, and Welsh Water provides a good example of how that can be done in practice.

The water industry is responsible for the most essential public services. Few things are more important for public health—or indeed for normal day-to-day living—than a safe and reliable supply of drinking water, and the efficient collection and treatment of waste water. More than 90% of health improvements over the last two centuries have resulted from the provision of safe-to-drink tap water and proper sanitation.

The water industry everywhere is very capital-intensive. Many of its assets—reservoirs, treatment works, water pipes and sewers—have very long lives, but, even when we allow for that and for the fact that investment doubled after privatisation in 1989, the average age of water company networks is increasing every day. The rate of renewal of sewers, for example, gives an average assumed age of more than 600 years. Investment levels are agreed with regulators every five years, and investment decisions are based on the priorities for the years ahead.

The water industry invests and spends more than it receives from its customers through bills. It finances its expenditure by raising money from investors in the capital markets, and so far that money has come almost entirely from bonds and other borrowing. In other words, the industry is cash-flow negative, and that will persist, partly because of the backlog of asset renewal but mainly because of the new standards that must be met. As a result of that cash-flow negativity and continuing high and necessary levels of investment, the cost of capital and funds raised from the capital markets is key, and will become more and more important. The cost of capital on money raised since privatisation already absorbs a third of the bill, and relatively small changes in the allowed or achieved cost of funding. Every 1% saving on the cost of financing the industry’s “regulated capital value” reduces customer bills by 5%.

Given that so much of the value chain is represented by the network of assets, both the raw material and the retail element represent a very small part of the overall bill. The Water Bill proposes that business customers in England should be allowed to choose their water retailers, but the Welsh Government have decided not to go down that route. As Professor Dieter Helm has said, large business customers will argue that they should pay only marginal costs, and if water companies succumb to the pressure, it will mean higher bills for household customers.

The true cost per customer varies enormously, and the rural customer costs many times more than the urban customer. Averaging the cost in that way is good public policy. “De-averaging” poses a real risk by giving business customers choice, thus causing water companies to reduce their tariffs locally to satisfy demands from big customers and to recover the lost income from household customers who cannot exert the same pressure.

The water industry should be owned, managed and operated in the interests of customers. I do not believe that it should be re-nationalised, but this long-term industry provides us all with the most essential of public services. Few things are more important to public health, and indeed to modern life, than a safe and reliable supply of tap water.

[Huw Irranca-Davies]

At the risk of being slightly parochial, may I ask whether the hon. Gentleman finds it odd, given the rush to privatisation all those aeons ago, that we have only one mutual water company? In a week in which we have heard bad news about co-operative movements and so on, we should bear it in mind that that one mutual company has achieved very high levels of customer satisfaction, has invested massively over the last couple of decades, and manages to keep its bills pretty low despite having no profits, no shareholders and no dividends.

[Roger Williams]

I think that it will come as no surprise to the hon. Gentleman that I am not only a customer of Welsh Water, but a great fan of the model. Welsh Water is just about the only public utility company which receives letters of support that outnumber its letters of complaint, and its credit rating is higher than those of all the other water companies. It can borrow at almost the same rate as the Government.

The water company that serves Wales, and much of Herefordshire and Deeside, is owned, financed and managed on behalf of its customers. Glas Cymru has a strong board with a majority of non-executive directors, all of whom are individuals of high standing. It complies with corporate governance best practice, although it has no shares listed on the Stock Exchange. It accounts for its performance to its members and other stakeholders and measures its performance against things that really matter to customers: drinking water, reliability of service, protecting our rivers and coastal waters from pollution, and customer satisfaction. The pay of everybody who works for Glas Cymru is linked to performance against those measures, and because Glas Cymru is one of 10 large water and sewerage companies in England and Wales everyone can judge whether it has done a good, bad or middling job on the measures that matter to customers and the environment. Welsh Water is unique in the water industry. Its employees are rewarded on the basis of customer satisfaction rather than shareholder value. The Bill does not address the structure of the water industry—that may be for another day—but I welcome its broad thrust and look forward to working on the Bill Committee with my hon. Friend the Minister.